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DHS Proposes Ending ‘Duration of Status,’ Imposing Four-Year Limit on F and J Visas

A 30-day public comment period is now open.

Overview

  • Published Aug. 28, the draft rule would replace open-ended stays with fixed terms tied to program length, capped at four years, with extensions filed to USCIS.
  • Undergraduate F-1 students could not change majors, programs or schools in their first academic year, with limited exceptions, and graduate students would face tighter limits on switching programs.
  • Students who complete one program could not begin another at the same or a lower degree level in F-1 status, and the post-completion grace period would drop from 60 to 30 days.
  • I-1 media entries would be limited to an initial 240 days with narrowly defined extensions, and DHS set a public comment deadline of Sept. 29.
  • Universities and advocates warn of added costs, delays and enrollment risks, and legal analyses flag SEVIS and processing changes as well as overstay risks that could trigger three- or ten-year reentry bans.